Amendment H-8314 to SF 2395

Filed April 11, 2024 in the House by the House Appropriations Committee

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 12.51, Code 2024, is amended to read as follows: 12.51 Opioid settlement fund —— advisory council —— grant process .
3. An opioid settlement fund is created in the office of the treasurer of state. The fund shall be separate from the general fund of the state and the balance in the fund shall not be considered part of the balance of the general fund of the state. The state portion of any moneys paid to the state as a result of a national settlement of litigation with entities that manufactured, marketed, sold, distributed, dispensed, or promoted opioids, made in connection with claims arising from the manufacturing, marketing, selling, distributing, dispensing, or promoting of opioids, shall be deposited in the fund. This subsection does not apply to such moneys paid to the state that are earmarked for or otherwise required to be transferred or distributed to counties, cities, or other local governmental entities.
4. Moneys in the fund shall not be transferred, used, obligated, appropriated, or otherwise encumbered except as provided in this section . Moneys in the fund shall only be used pursuant to appropriations from the fund by the general assembly to the department of health and human services for purposes of abating the opioid crisis in this state, which may include but are not limited to the purposes specified in section 135.190A for moneys in the opioid antagonist medication fund.
5. a. Funds appropriated under this section to the department of health and human services shall be distributed through the annual awarding of grants to recommended grant applicants. The grant application process shall emphasize that the grants awarded provide one-time, rather than ongoing, state funding. b. (1) The department of health and human services shall establish an advisory council to annually review, and make recommendations to the general assembly for the funding of, grant applications. (2) (a) In annually selecting grant applications for recommendation to the general assembly, the advisory council shall prioritize grant application proposals that focus on both prevention and treatment, shall consider the amount of opioid settlement funding received by a participating local government as a direct distribution, and shall optimize statewide access to care by ensuring geographic diversity among the grant applications selected. (b) In carrying out its duties, the advisory council shall utilize opioid data provided by the department of health and human services. The department may issue a request for proposals to engage an expert to assist the advisory council in analyzing the data. The advisory council shall also consult with the department to develop specified grant outcomes to be used in evaluating the effectiveness of the grants awarded. (c) The advisory council shall request that all participating local governments receiving a direct distribution of opioid settlement funding report annually the amount received and the amount and purpose for which the moneys were expended. (3) Following the annual review of grant applications, the advisory council shall compile and submit to the general assembly no later than December 15 a report that includes all of the following: (a) A list of the grant applications recommended for the awarding of grant funding in the subsequent fiscal year. (b) The department’s evaluation of the effectiveness of the grants awarded in the prior year based on the outcomes specified by the advisory council. c. The general assembly shall annually appropriate from the opioid settlement fund to the department of health and human services an amount sufficient to fund the annually recommended grants. d. (1) The advisory council shall consist of all of the following voting members: (a) The director of the department of health and human services, or the director’s designee. (b) The attorney general, or the attorney general’s designee. (c) One individual representing the judicial branch, selected by the state court administrator. (d) One individual representing the department of corrections, selected by the department of corrections. (e) One county sheriff, selected by the Iowa state sheriffs’ and deputies’ association. (f) One individual who is a member of the board of pharmacy, selected by the board of pharmacy. (g) Two individuals, selected by the Iowa behavioral health association. (h) One individual who is an opioid addiction specialist. (i) One individual selected by the Iowa hospital association. (j) One individual selected by the national alliance on mental illness Iowa. (2) In addition, the membership of the advisory council shall include one senator appointed by the president of the senate after consultation with the majority leader of the senate, one senator appointed by the minority leader of the senate, one representative appointed by the speaker of the house of representatives, and one representative appointed by the minority leader of the house of representatives, as ex officio, nonvoting members. e. The advisory council shall convene an initial meeting no later than September 1,
6. The advisory council shall be dissolved upon expenditure of all moneys in the opioid settlement fund.
8. Notwithstanding section 8.33 , moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert. Notwithstanding section 12C.7, subsection 2 , interest or earnings on moneys in the fund shall be credited to the fund.”
9. Title page, by striking lines 1 through 3 and inserting “An Act relating to the opioid settlement fund.”

Official amendment (PDF) · In the Bill Book